|
|
|
|
|
|
|
Navigation
News
|
 |
Road Traffic Act 1988 (c. 52)(The document as of February, 2008) Page 3 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 (8) In its application to vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, this section shall have effect as if any reference to prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment included a reference to the prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment. 46 Particular aspects of regulations under section 45Regulations under section 45 of this Act may, in particular, make provision as to-- (a) the authorisation of examiners, the imposition of conditions to be complied with by authorised examiners and the withdrawal of authorisations, (b) the manner in which, conditions under which and apparatus with which examinations are carried out, the maintenance of that apparatus in an efficient state, and the inspection of premises at which and apparatus with which examinations are being, or are to be, carried out, (c) the manner in which applications may be made for the examination of vehicles under section 45 of this Act, the manner in which and time within which appeals may be brought under subsection (4) of that section, the information to be supplied and documents to be produced on such an application, examination or appeal, the fees to be paid on such an application or appeal, and the repayment of the whole or part of the fee paid on such an appeal where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the decision appealed against, (d) the form of, and particulars to be contained in, test certificates and notifications of the refusal of test certificates, and the supply by the Secretary of State of forms for such certificates and notifications and the charges to be made for the supply of such forms, (e) the issue of duplicates of test certificates lost or defaced and the fee to be paid for the issue of such duplicates, (f) the issue of copies of test certificates and the fees to be paid for the issue of such copies, (g) the keeping by designated councils and authorised examiners of registers of test certificates in the prescribed form and containing the prescribed particulars, and the inspection of such registers by such persons and in such circumstances as may be prescribed, (h) the keeping of records by designated councils and authorised examiners and the providing by them of returns and information to the Secretary of State, and regulations under that section may make different provision in relation to different cases or classes of cases. 47 Obligatory test certificates(1) A person who uses on a road at any time, or causes or permits to be so used, a motor vehicle to which this section applies, and as respects which no test certificate has been issued within the appropriate period before that time, is guilty of an offence. In this section and section 48 of this Act, the "appropriate period" means a period of twelve months or such shorter period as may be prescribed. (2) Subject to subsections (3) and (5) below, the motor vehicles to which this section applies at any time are-- (a) those first registered under the [1971 c. 10.] Vehicles (Excise) Act 1971, the [1962 c. 13.] Vehicles (Excise) Act 1962, the [1949 c. 89.] Vehicles (Excise) Act 1949 or the [1920 c. 72.] Roads Act 1920, not less than three years before that time, and (b) those which, having a date of manufacture not less than three years before that time, have been used on roads (whether in Great Britain or elsewhere) before being registered under the Vehicles (Excise) Act 1971 or the Vehicles (Excise) Act 1962, being, in either case, motor vehicles other than goods vehicles which are required by regulations under section 49 of this Act to be submitted for a goods vehicle test. (3) As respects a vehicle being-- (a) a motor vehicle used for the carriage of passengers and with more than eight seats, excluding the driver's seat, or (b) a taxi (as defined in section 64 (3) of the [1980 c. 34.] Transport Act 1980), being a vehicle licensed to ply for hire, or (c) an ambulance, that is to say, a motor vehicle which is constructed or adapted, and primarily used, for the carriage of persons to a place where they will receive, or from a place where they have received, medical or dental treatment, and which, by reason of design, marking or equipment is readily identifiable as a vehicle so constructed or adapted, subsection (2)(a) above shall have effect as if for the period there mentioned there were substituted a period of one year. (4) For the purposes of subsection (2)(b) above, there shall be disregarded the use of a vehicle before it is sold or supplied by retail. (5) This section does not apply to vehicles of such classes as may be prescribed. (6) The Secretary of State may by regulations exempt from subsection (1) above the use of vehicles for such purposes as may be prescribed. (7) The Secretary of State may by regulations exempt from subsection (1) above the use of vehicles in any such area as may be prescribed. (8) For the purposes of this section the date of manufacture of a vehicle shall be taken to be the last day of the year during which its final assembly is completed, except where after that day modifications are made to the vehicle before it is sold or supplied by retail, and in that excepted case shall be taken to be the last day of the year during which the modifications are completed. (9) The Secretary of State may by order made by statutory instrument direct that subsection (2) above shall have effect with the substitution, for three years (in both places), of such other period (not being more than ten years) as may be specified in the order. An order under this subsection shall not have effect unless approved by resolution of each House of Parliament. 48 Supplementary provisions about test certificates(1) For the purpose of spreading the work of issuing certificates in contemplation of a change in-- (a) the length of the appropriate period, or (b) the length of the period specified in section 47(2)(a) and (b) of this Act, (and whether for the purposes of that section or section 66 of this Act), the order or, as the case may be, regulations changing the length of that period may be made so as to come into operation on different days as respects vehicles first registered under any of the enactments mentioned in section 47(2) of this Act at different times. (2) Where-- (a) within the appropriate period after a test certificate is issued or treated for the purposes of section 47 of this Act as issued, but (b) not earlier than one month before the end of that period, a further test certificate is issued as respects the same vehicle, the further certificate shall be treated for the purposes of that section as if issued at the end of the appropriate period. (3) Where the particulars contained in a test certificate in accordance with regulations made under section 45 of this Act include a date of expiry falling later, but not more than one month later, than the end of the appropriate period after the date on which it is issued-- (a) the certificate shall be deemed to have been issued in respect of the same vehicle as an earlier test certificate, and (b) the date on which it was issued shall be deemed to have been a date falling within the last month of the appropriate period after the date on which that earlier certificate was issued or treated for the purposes of section 47 of this Act as issued; and any date of expiry contained in a test certificate shall be deemed to have been entered in accordance with regulations under section 45 of this Act unless the contrary is proved. (4) The Secretary of State may by regulations make provision for the issue, in such circumstances as may be prescribed, of a certificate of temporary exemption in respect of a public service vehicle adapted to carry more than eight passengers, exempting that vehicle from the provisions of section 47(1) of this Act for such period as may be specified in the certificate. (5) In relation to any public service vehicle so adapted-- (a) subsections (2) and (3) above shall have effect as if for "one month" (in both places) there were substituted "two months", and (b) subsection (3) above shall have effect as if for "last month" there were substituted "last two months". (6) In subsections (4) and (5) above "public service vehicle" has the same meaning as in the [1981 c. 14.] Public Passenger Vehicles Act 1981. Tests of certain classes of goods vehicles49 Tests of satisfactory condition of goods vehicles and determination of plated weights, etc(1) The Secretary of State may by regulations make provision for the examination of goods vehicles of any prescribed class-- (a) for the purpose of selecting or otherwise determining plated weights or other plated particulars for goods vehicles of that class, or (b) for the purpose of ascertaining whether any prescribed construction and use requirements (whether relating to plated particulars or not) are complied with in the case of goods vehicles of that class, or for both purposes. (2) In particular the regulations may make provision-- (a) for the determination, according to criteria or by methods prescribed by or determined under the regulations, of the plated particulars for a goods vehicle (including its plated weights), on an examination of the vehicle for the purpose, and for the issue on such an examination, except as provided by regulations made by virtue of paragraph (c) of this subsection, of a certificate (in this Act referred to as a "plating certificate") specifying those particulars, (b) for the issue, for a goods vehicle which has been found on examination for the purpose to comply with the prescribed construction and use requirements, of a certificate (in this Act referred to as a "goods vehicle test certificate") stating that the vehicle has been found so to comply, and (c) for the refusal of a goods vehicle test certificate for a goods vehicle which is so found not to comply with those requirements and for requiring a written notification to be given-- (i) of any such refusal, and (ii) of the grounds of the refusal, and for the refusal of a plating certificate where a goods vehicle test certificate is refused. (3) References in subsections (1) and (2) above to construction and use requirements shall be construed-- (a) in relation to an examination of a vehicle solely for the purpose of ascertaining whether it complies with any such requirements, as references to such of those requirements as are applicable to the vehicle at the time of the test, and (b) in relation to an examination of a vehicle both for that purpose and for the purpose of determining its plated particulars, as references to such of those requirements as will be applicable to the vehicle if a plating certificate is issued for it. (4) In this Part of this Act--
(5) In its application to vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, this section shall have effect as if any reference to prescribed construction and use requirements included a reference to prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment. 50 Appeals against determinations(1) Any person aggrieved by a determination made on an examination under regulations under section 49 of this Act by the person in charge of the examination may appeal to an area mechanical engineer appointed by the Secretary of State to act for the traffic area in which the original examination was made. (2) On the appeal the area mechanical engineer must cause the vehicle to be re-examined and make such determination in the matter as he thinks fit. (3) A person aggrieved by the determination of an area mechanical engineer under subsection (2) above may appeal to the Secretary of State. (4) On the appeal the Secretary of State must cause the vehicle to be re-examined by an officer appointed by him for the purpose and must make such determination on the basis of the re-examination as he thinks fit. (5) Regulations under section 49 of this Act may make the like provision in relation to a determination on an appeal under this section as they make in relation to a determination on an examination under the regulations. 51 Particular aspects of regulations under section 49(1) Without prejudice to the generality of subsection (1) of section 49 of this Act, regulations under that section may-- (a) require or authorise goods vehicles to which the regulations apply to be submitted for examination under the regulations and, in particular-- (i) require any such vehicle to be submitted for a goods vehicle test at periodic intervals, and (ii) require or authorise any such vehicle to be submitted for re-examination on the making of any prescribed alteration to it or its equipment and, for the purpose of determining whether any such re-examination is necessary, require any such alteration to be notified to the Secretary of State, and (iii) require any such vehicle to be submitted for examination or re-examination for any purpose of plating or certification, (b) authorise any examination under the regulations to be carried out by or under the direction of a goods vehicle examiner, (c) prescribe the conditions subject to which vehicles will be accepted for such examination and, without prejudice to that-- (i) authorise any person by whom an examination of the vehicle under the regulations or section 50 of this Act is carried out to drive the vehicle, whether on a road or elsewhere, and (ii) require that a driver of a vehicle examined under those regulations or that section is, except so far as permitted to be absent by the person carrying out the examination, present throughout the whole of the examination and drives the vehicle when directed to do so, and operates the controls in accordance with any directions given to him, by that person, (d) require the plating certificate for any vehicle to which the regulations apply to specify any alteration to the vehicle or its equipment which is required by the regulations to be notified to the Secretary of State, (e) authorise the amendment of a plating certificate or the issue of a different plating certificate on the re-examination of any vehicle, (f) provide for the period of validity of goods vehicle test certificates, (g) specify the manner in which, and the time before or within which, applications may be made for the examination of vehicles under the regulations or appeals may be brought under section 50 of this Act and the information to be supplied and documents to be produced on any such application, examination or appeal, (h) make provision as to the fees to be paid on any such application or appeal and as to the repayment of the whole or part of any fee paid on such an appeal where it appears to the Secretary of State that there were substantial grounds for contesting the whole or part of the determination appealed from, (j) make provision as to the form of, and particulars to be contained in, plating certificates and goods vehicle test certificates and notifications of the refusal of the latter certificates, (k) provide for the issue of replacements for plates marked with plated particulars, plating certificates and goods vehicle test certificates which have been lost or defaced and for the payment of a fee for their issue, (l) exempt prescribed classes of vehicles from all or any of the provisions of the regulations either generally or in prescribed circumstances, (m) make different provision for different cases. (2) Regulations under section 49 of this Act may provide that a person who contravenes or fails to comply with a requirement of regulations imposed by virtue of subsection (1)(c)(ii) above is guilty of an offence. (3) In this section any reference to the driving of a vehicle is, in relation to a trailer, a reference to the driving of the vehicle by which the trailer is drawn. 52 Supplementary provisions about tests, etc., of goods vehicles(1) Without prejudice to any regulations made under section 49 of this Act by virtue of section 51(1)(c) of this Act, the Secretary of State may give directions with respect to the manner in which examinations under regulations under section 49 or under section 50 of this Act are to be carried out. (2) The Secretary of State may provide and maintain stations where examinations of goods vehicles under regulations under section 49 or under section 50 of this Act may be carried out and may provide and maintain the apparatus for carrying out such examinations. 53 Obligatory goods vehicle test certificates(1) If any person at any time on or after the relevant date-- (a) uses on a road a goods vehicle of a class required by regulations under section 49 of this Act to have been submitted for examination for plating, or (b) causes or permits to be used on a road a goods vehicle of such a class, and at that time there is no plating certificate in force for the vehicle, he is guilty of an offence. In this subsection "relevant date", in relation to any goods vehicle, means the date by which it is required by the regulations to be submitted for examination for plating. (2) If any person at any time on or after the relevant date-- (a) uses on a road a goods vehicle of a class required by regulations under section 49 of this Act to have been submitted for a goods vehicle test, or (b) causes or permits to be used on a road a goods vehicle of such a class, and at that time there is no goods vehicle test certificate in force for the vehicle, he is guilty of an offence. In this subsection "relevant date", in relation to any goods vehicle, means the date by which it is required by the regulations to be submitted for its first goods vehicle test. (3) Any person who-- (a) uses a goods vehicle on a road, or (b) causes or permits a goods vehicle to be so used, when an alteration has been made to the vehicle or its equipment which is required by regulations under section 49 of this Act to be, but has not been, notified to the Secretary of State is guilty of an offence. (4) In any proceedings for an offence under subsection (3) above, it shall be a defence to prove that the alteration was not specified in the relevant plating certificate in accordance with regulations under section 49 of this Act. (5) The Secretary of State may by regulations-- (a) exempt from all or any of the preceding provisions of this section the use of goods vehicles for such purposes or in such an area as may be prescribed, and (b) make provision for the issue in respect of a vehicle in such circumstances as may be prescribed of a certificate of temporary exemption exempting that vehicle from the provisions of subsection (1) or (2) above for such period as may be specified in the certificate. Approval of design, construction, equipment and marking of vehicles54 Type approval requirements(1) Without prejudice to section 41 of this Act, the Secretary of State may by regulations prescribe requirements (in this Part of this Act referred to as "type approval requirements")-- (a) with respect to the design, construction, equipment and marking of vehicles of any class, being requirements which are applicable before, whether or not they are applicable after, vehicles of that class are used on a road, (b) with respect to the design, construction, equipment and marking of vehicle parts of any class, being requirements which are applicable before, whether or not they are applicable after, vehicle parts of that class are fitted to a vehicle used on a road. (2) Regulations under this section may provide for the determination, according to criteria or by methods prescribed by or determined under the regulations, of weights of any description which in the opinion of the Secretary of State should not be exceeded in the case of vehicles of any class. (3) In this Part of this Act references to design weights shall be construed as references to weights determined by virtue of subsection (2) above. (4) Subject to subsection (5) below, the following provisions of this Act to the end of section 60 apply in relation to parts of vehicles as they apply in relation to vehicles and, accordingly, any reference in those provisions to a vehicle, other than a reference to a goods vehicle, is to be read as including a reference to a vehicle part. (5) Any provision which relates solely to goods vehicles or design weights does not apply in relation to parts of vehicles, but particular exclusions in those provisions do not affect the generality of this exclusion. (6) In this Part of this Act, "the relevant aspects of design, construction, equipment and marking", in relation to any vehicle, means those aspects of design, construction, equipment and marking which are subject to the type approval requirements or which were used as criteria in determining design weights for that vehicle. 55 Type approval certificates(1) Where the Secretary of State is satisfied on application made to him by the manufacturer of a vehicle of a class to which regulations under section 54 of this Act apply and after examination of the vehicle-- (a) that the vehicle complies with the relevant type approval requirements, and (b) that adequate arrangements have been made to secure that other vehicles purporting to conform with that vehicle in the relevant aspects of design, construction, equipment and marking will so conform in all respects or with such variations as may be permitted, he may approve that vehicle as a type vehicle. (2) Where the Secretary of State approves a vehicle as a type vehicle he must issue a certificate (in this Part of this Act referred to as a "type approval certificate") stating that the vehicle complies with the relevant type approval requirements and specifying-- (a) the permitted variations from the type vehicle, and (b) the design weights for vehicles so conforming in all respects and for vehicles so conforming with any such variations. (3) In the following provisions of this section and in sections 56 to 59 of this Act "conform" means conform in all respects or with any permitted variation. (4) Subject to subsection (6) below, a type approval certificate may be issued for a type vehicle where the Secretary of State is satisfied that one or more, but not all, of the relevant type approval requirements are complied with in the case of that vehicle. (5) A further type approval certificate may be issued by virtue of subsection (4) above on the application of any person-- (a) who manufactures any part of the vehicle, or (b) by whom the vehicle is finally assembled; and references in the following provisions of this section and in sections 56 to 59 of this Act to a manufacturer shall be construed accordingly. (6) The first type approval certificate issued for a type vehicle by virtue of subsection (4) above must specify the design weights for conforming vehicles, and accordingly-- (a) so much of subsection (2) above or section 57 (1) to (3) of this Act as requires the Secretary of State or a manufacturer to specify in any certificate under this or that section the design weights or plated weights for a vehicle or as requires the Secretary of State or a manufacturer to mark or secure the marking of the plated weights on a vehicle does not apply to a subsequent type approval certificate issued by virtue of subsection (4) above or to the certificates of conformity issued in consequence of such a type approval certificate, and (b) so much of section 58 (2) of this Act as requires the Secretary of State to specify in any certificate issued by him the design weights and plated weights for a vehicle or to secure that the plated weights are marked on a vehicle does not apply to a Minister's approval certificate issued by virtue of subsection (4) above. (7) Subsection (6) above does not apply in relation to vehicle parts. (8) Where the Secretary of State determines on an application under this section not to issue a type approval certificate in respect of a vehicle, he must give to the applicant a written notification of the determination, stating the grounds on which it is based. 56 Conditions of, and cancellation or suspension of, type approval certificates(1) A type approval certificate may be issued subject to conditions with respect to-- (a) the inspection by officers of the Secretary of State of vehicles purporting to conform with the type vehicle in the relevant aspects of design, construction, equipment and marking and of parts of such vehicles and their equipment, and the entry of premises where they are manufactured, and (b) the notification by the manufacturer of differences of design, construction, equipment or marking (other than permitted variations) between any such vehicles and the type vehicle which might affect the type approval requirements or the criteria for determining the design weights of those vehicles. (2) If-- (a) it appears to the Secretary of State that there has been a breach of a condition subject to which a type approval certificate has been granted, or (b) the Secretary of State ceases to be satisfied as to any other matter relevant to a type approval certificate, he may cancel or suspend the certificate, but the cancellation or suspension shall not affect the validity of any certificate of conformity previously issued in consequence of the type approval certificate. (3) Where the Secretary of State cancels or suspends a certificate in pursuance of this section, he shall give a written notification of that fact to the holder of the certificate stating the grounds for the cancellation or suspension. 57 Certificates of conformity(1) The manufacturer of a type vehicle in respect of which a type approval certificate is in force may issue, in respect of each vehicle manufactured by him which conforms with the type vehicle in such of the relevant aspects of design, construction, equipment and marking as are mentioned in the type approval certificate, a certificate (in this Part of this Act referred to as a "certificate of conformity")-- (a) stating that it does so conform, and (b) specifying the design weights for the vehicle, and must in the case of goods vehicles of such classes as may be prescribed specify in the certificate one or more of the plated weights for the vehicle. (2) Where a manufacturer issues a certificate of conformity for a goods vehicle, the Secretary of State must-- (a) on an application made by any person containing such information as he may require with respect to the proposed circumstances of operation of the goods vehicle, and (b) on production of that certificate, specify in the certificate any plated weights for the goods vehicle not so specified by the manufacturer. (3) Where a manufacturer issues a certificate of conformity for a goods vehicle then-- (a) if he is required by subsection (1) above to specify any plated weights for the goods vehicle in the certificate, he must mark those weights on the goods vehicle by means of a plate fixed to it, and (b) in any other case the Secretary of State must on an application for the purpose secure that those weights are so marked. (4) Any certificate of conformity issued in consequence of any type approval certificate issued by virtue of section 55(4) of this Act shall relate only to the requirement or requirements to which that type approval certificate relates. (5) Subsections (2) and (3) above do not apply in relation to vehicle parts. 58 Minister's approval certificates(1) Where the Secretary of State is satisfied, on application made to him by any person in respect of a vehicle of a class to which regulations under section 54 of this Act apply and after examination of the vehicle, that-- (a) the vehicle complies with the relevant type approval requirements, and (b) in the case of a goods vehicle, the Secretary of State has sufficient information to enable the plated weights to be ascertained for the vehicle, he may issue a certificate (in this Part of this Act referred to as a "Minister's approval certificate"). (2) The certificate must state that the vehicle complies with those requirements and specify-- (a) its design weights, and (b) in the case of a goods vehicle, its plated weights, and, where the Secretary of State issues such a certificate in respect of a goods vehicle, he must secure that the plated weights are marked on the vehicle by means of a plate fixed to it. (3) Where by virtue of section 57(4) of this Act a certificate of conformity issued in respect of a vehicle relates to one or more, but not all, of the relevant type approval requirements, the Secretary of State may issue in respect of that vehicle a Minister's approval certificate relating to one or more of the other relevant type approval requirements. (4) Where-- (a) a Minister's approval certificate is given as respects a vehicle, and (b) the Secretary of State is satisfied-- (i) on the application of the manufacturer of the vehicle or, in the case of an imported vehicle, the importer of the vehicle, and (ii) after the consideration of such evidence as he thinks necessary, that another vehicle manufactured by that manufacturer or, as the case may be, imported by that importer conforms with the first mentioned vehicle as respects the relevant aspects of design, construction, equipment and marking, the Secretary of State may issue a Minister's approval certificate in respect of that other vehicle without examining it. (5) Where the Secretary of State issues such a certificate by virtue of subsection (4) above, he must specify the plated weights which are to be marked on the other vehicle. (6) Subsection (4) above shall apply in relation to vehicles brought into Great Britain from Northern Ireland as it applies in relation to imported vehicles, and references in that subsection to the importer shall be construed accordingly. (7) Where the Secretary of State determines on an application under this section not to issue a Minister's approval certificate in respect of a vehicle, he must give to the applicant a written notification of the determination, stating the grounds on which it is based. 59 Supplementary provisions as to certificates of conformity and Minister's approval certificates(1) The Secretary of State may by regulations require that prescribed alterations-- (a) in any of the relevant aspects of design, construction, equipment or marking, or (b) in any such aspect which affects the plated weight, made to any vehicle for which a certificate of conformity or a Minister's approval certificate is issued shall, subject to any exemption granted under subsection (2) below, be notified to the Secretary of State. (2) The Secretary of State may by notice in writing given to the manufacturer of vehicles or to the owner of a vehicle for which a Minister's approval certificate is issued-- (a) direct that any specified alteration in any of the aspects mentioned in subsection (1) above to a vehicle to which the direction relates shall be notified to the Secretary of State, (b) exempt a vehicle to which the notice relates from all or any of the requirements of regulations under subsection (1) above, subject to compliance with any conditions specified in the notice. (3) Without prejudice to the provisions of section 61 of this Act, the Secretary of State may by regulations require that a certificate of conformity or Minister's approval certificate issued for any vehicle shall specify-- (a) the regulations, if any, applicable to the vehicle under subsection (1) above at the time of the issue of the certificate, (b) any additional alteration to that vehicle required by any direction under subsection (2) above to be notified to the Secretary of State, and (c) any exemption applicable to that vehicle under that subsection. (4) A certificate of conformity or a Minister's approval certificate specifying any plated weights shall be treated for the purposes of the provisions of this Part of this Act and any regulations made under them relating to plating certificates (except section 50 (1) and (2) of this Act) as a plating certificate. This subsection does not apply in relation to vehicle parts. 60 Appeals(1) A person aggrieved by the determination made on behalf of the Secretary of State with respect to a type approval certificate, a certificate of conformity or a Minister's approval certificate under sections 54 to 59 of this Act, including any determination with respect to design weights or plated weights, may within the prescribed time and in the prescribed manner appeal to the Secretary of State. (2) On the appeal the Secretary of State-- (a) shall have the like powers and duties as he has on an original application for a type approval or a Minister's approval certificate or in respect of the plated weights to be included in a certificate of conformity, (b) may hold an inquiry in connection with it, and (c) may appoint an assessor for the purpose of assisting him with the appeal or any such inquiry. 61 Regulations for the purposes of sections 54 to 60(1) The Secretary of State may make regulations for the purposes of sections 54 to 60 of this Act. (2) Without prejudice to the generality of subsection (1) above, such regulations-- (a) may provide for the examination of any vehicle in respect of which a certificate of conformity or a Minister's approval certificate is in force in the event of an alteration being made to the vehicle which is notifiable by virtue of section 59(1) or (2) of this Act and, in particular, may empower a goods vehicle examiner or a public service vehicle examiner to require the vehicle to be examined at a testing station provided under section 52, 62 or 72 of this Act, (b) may authorise the cancellation, suspension or amendment of a certificate of conformity or a Minister's approval certificate on an examination of any vehicle in pursuance of regulations made by virtue of paragraph (a) above, (c) shall give a right of appeal to any person aggrieved by a determination on any such examination and for that purpose may apply section 50(1) to (4) of this Act, (d) may contain the like provisions with respect to any such examination and any appeal brought by virtue of paragraph (c) above as may be contained in regulations made by virtue of paragraphs (b), (c), (g) and (h) of section 51(1) of this Act in relation to the examinations and appeals there mentioned, (e) may require the payment of fees or other charges in connection with the provision by the Secretary of State of services or facilities or the issue by him of certificates and other documents, (f) may provide-- (i) for the authorisation of persons to carry out examinations, in connection with the issue of type approval certificates, of vehicles or vehicle parts of such classes as may be specified in the regulations, (ii) for the imposition of conditions to be complied with by persons so authorised, and (iii) for the withdrawal of authorisations, (g) may make provision as to the form of, and particulars to be contained in, certificates of conformity and provide for the supply by the Secretary of State of forms for such certificates, (h) may provide for the issue of replacements for plates fixed to vehicles under sections 54 to 58 of this Act, certificates of conformity and Minister's approval certificates which have been lost or defaced and provide for the payment of a fee for their issue, (j) may require persons empowered by sections 54 to 58 of this Act to issue certificates of conformity to keep records-- (i) of certificates of conformity issued by them, and (ii) of the vehicles or vehicle parts in respect of which such certificates are issued, and may authorise the inspection of such records by such persons and in such circumstances as may be prescribed, and (k) may make different provisions for different cases. (3) Without prejudice to any regulations made by virtue of section 51(1)(c) of this Act, as applied by this section, the Secretary of State may give directions with respect to the manner in which examinations to which such regulations apply are to be carried out. (4) Where regulations under this section impose the like requirement as may be imposed by regulations made by virtue of section 51(1)(c)(ii) of this Act, the regulations may provide that a person who contravenes or fails to comply with a requirement so imposed is guilty of an offence. (5) In this section "public service vehicle examiner" means a person appointed as such an examiner under section 7(2) of the [1981 c. 14.] Public Passenger Vehicles Act 1981. 62 Other supplementary provisions(1) The Secretary of State may provide and maintain stations where examinations of vehicles under sections 54 to 61 of this Act or regulations under those sections may be carried out and may provide and maintain the apparatus for carrying out such examinations. (2) Where an agreement entered into between Her Majesty's Government and the Government of a country outside Great Britain provides for the recognition in Great Britain of arrangements under the law of that country with respect to the approval of the design, construction, equipment or marking of vehicles of any description manufactured in that country, the Secretary of State may make regulations-- (a) applying, with such adaptations and modifications as he thinks fit, all or any of the provisions of sections 54 to 60 of this Act and of regulations under section 61 of this Act, so far as relating to type approval certificates and certificates of conformity, to vehicles of that description manufactured in that country, (b) providing that a certificate issued under any such provision as so applied shall be treated for the purposes of any other provisions of this Part of this Act prescribed by the regulations as a type approval certificate or as a certificate of conformity, (c) providing for the cancellation or suspension (subject to any savings prescribed by the regulations) of any such certificate in the event of the agreement ceasing to be in force or being modified. (3) Except in the case of vehicles of such class as may be prescribed, in sections 57, 58 and 61 of this Act "goods vehicle" includes a vehicle which is a chassis for, or will otherwise form part of, a vehicle which when completed will be a goods vehicle. 63 Obligatory type approval certificates, certificates of conformity and Minister's approval certificates(1) If-- (a) any person at any time on or after the day appointed by regulations made by the Secretary of State in relation to vehicles or vehicle parts of a prescribed class, being vehicles or vehicle parts to which type approval requirements prescribed by those regulations apply-- (i) uses on a road, or (ii) causes or permits to be so used, a vehicle of that class or a vehicle to which is fitted a vehicle part of that class, and (b) it does not appear from one or more certificates then in force under sections 54 to 58 of this Act that the vehicle or vehicle part complies with those requirements, he is guilty of an offence. Different days may be appointed under this subsection in relation to different classes of vehicles or vehicle parts. (2) If a plating certificate-- (a) has been issued for a goods vehicle to which section 53(1) of this Act or subsection (1) above applies, but Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 -- Back --
Stat
| |
Other
|